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Terms of Service

§ 1 General, Scope

(1) These general terms of use apply to all legal relationships between TranspaShare GmbH, Rudolf-Diesel-Str. 12, 69234 Dielheim (hereinafter "TransparentShare") towards the users of the website https://www.transparentshare.com as well as the associated mobile applications e.g. https://app.transpashare.com, App Store (Apple) or Google Play Store. Anyone who uses the app or the website is considered a user.

(2) Deviating user regulations do not apply, unless TransparentShare has expressly confirmed this in writing. Individual agreements always have priority. Agreements made with the user in individual cases (including side agreements, additions and changes) always take precedence over these terms and conditions.

(3) The text of the contract is not saved by TransparentShare after the contract is concluded and is therefore not accessible. The contract language is German. The user can call up, save and print these general terms and conditions.

(4) The business relationships between TransparentShare and the user are subject to the law of the Federal Republic of Germany. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn. The validity of UN purchasing law is excluded. The delivery area is Germany.

(5) The place of jurisdiction is the registered office of TranspaShare GmbH if the user is a merchant, a legal entity under public law or a special fund under public law.

(6) Consumers have the option of alternative dispute resolution. The following link from the EU Commission (also called OS platform) contains information about online dispute resolution and serves as a central point of contact for the out-of-court settlement of disputes arising from online sales contracts or online service contracts: http://ec.europa.eu/consumers/odr.

(7) Duty to provide information in accordance with Consumer Dispute Settlement Act (§36 VSBG): TransparentShare is neither willing nor obliged to participate in further dispute settlement proceedings before a consumer arbitration board.

(8) Risk warning: All price, company and market data TransparentShare uses are provided by www.morningstar.com and www.boersengefluester.de . No liability is assumed for the correctness of the price, company and market data presented by these third-party providers. It is up to the user to check the correctness, completeness and actuality of this data.

The recommendations made by TransparentShare on the basis of this data are non-binding and serve only for information and to support the independent investment decision of the user. In addition, they are not a substitute for individual investor and investment-specific advice and do not constitute a financial service or legal, tax or other advice.

Latest news on stocks are provided by bing.com . "Bing" is a service from Microsoft and provides popular news from a variety of economic and financial sources on the Internet. A current chart can be displayed for each share. We use the chart from onvista.de.No liability is accepted for the data from these third-party providers.

Any liability for damage of any kind (in particular financial loss) that may arise when using the TransparentShare recommendations for the user's own investment decision is excluded.

(9) TranspaShare GmbH was successfully reported to the Federal Financial Supervisory Authority (BaFin) . TranspaShare GmbH is registered on the List of institution-independent creators and / or forwarders of investment strategies and investment recommendations .

§ 2 Content, restriction of the offer

(1) TransparentShare is an application that evaluates publicly available price, company and market data and recommends shares for buying or selling. The user also has the option of managing his own shares. TransparentShare provides the user with a simple and comprehensible stock valuation with e-mail notification. The three possible ratings are:

  1. “Buy recommendation”, the share is recommended for buying on this day;
  2. “Watch”, the stock should be watched because it can become a buy recommendation and
  3. "No purchase recommendation", no purchase is recommended.

According to the TransparentShare method, a share is a buy recommendation if the rating reaches a certain number of points and the current share price is at least 10 % below the annual high. The rating is made up of 12 different key figures (parameters):

  1. Return on equity
  2. Equity ratio
  3. Profit margin
  4. Current price-earnings ratio (P / E)
  5. Price-earnings ratio (P / E) over 5 years
  6. Price change in the last 6 months compared to the index
  7. Price change in the last 12 months compared to the index
  8. Price momentum
  9. Expected earnings growth
  10. Change in profit estimate
  11. Reaction to quarterly figures
  12. Price-to-book ratio (P / B)

The method of determining the key figures is based on the Levermann method, which Susan Levermann described in her book "Der entspannte Weg zum Reichtum (The relaxed way to wealth)". Ms. Levermann's method was refined and supplemented by TransparentShare.

For each share, the user receives a daily description of how the individual points of the rating for each individual key figure have been calculated or come about. These key figures are also described in detail in the following annex: www.transparentshare.com/konzept . The meaning for the evaluation, the calculation and the evaluation of the respective key figure are described in detail there.

(2) The user cannot buy or sell shares via TransparentShare.

(3) TransparentShare is entitled to change the share portfolio and remove shares as well as add new shares. This can be the case if the composition of the index is changed or if the data providers no longer provide data on stocks. TransparentShare does not guarantee the permanent listing of individual shares.

(4) TransparentShare can restrict access to its own services if the security of the network operation and / or the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data, so require.

§ 3 Registration

(1) In order to be able to use TransparentShare, the user must either register via an existing Facebook or LinkedIn account or by entering the requested data in the input mask, whereby in both cases each user accepts these general terms and conditions and the privacy policy for Must have taken note. Until the registration access has been completed, the user can correct his entries with the usual keyboard and mouse functions directly in the corresponding input fields. Registration is free of charge. The data requested during registration must be entered completely and correctly. In any case, the user must provide his first name, last name, email address and a password.

(2) If the user registers to receive regular notifications about buy and sell recommendations and / or a newsletter, he must verify his e-mail address before completing the registration. For this purpose, he will receive a link to the specified email address. The user must click on this link to receive the notifications and / or the newsletter (double opt-in). A registration that a user does not confirm by clicking the activation link within one week can be deleted by TransparentShare.

(3) The user contract is concluded when the registration has been confirmed by TransparentShare by email. The user also receives these General Terms of Use with the email. There is no entitlement to conclude a license agreement. The license agreement is unlimited. The user can terminate his user contract at any time in writing or by e-mail or delete his account (profile) himself.

(4) On his profile, the user is given the opportunity to subscribe to a free e-mail newsletter in addition to the notification of purchase and possible sales recommendations. The e-mail address provided by the user when registering is used to send the newsletter. TransparentShare will only send the newsletter if the user has expressly consented to it (see also § 3 (2)). In every newsletter there is a link via which the user can unsubscribe from the newsletter. He can also unsubscribe from the newsletter at any time in his profile in the app.

(5) Registration is only permitted for natural persons with unlimited legal capacity. Minors are not allowed to register. Each user may only have one access; transfer of access is not possible. TransparentShare is entitled to delete the account if emails cannot be delivered despite verification and the user does not provide TransparentShare with a new, verifiable email address within eight weeks.

(6) The user is responsible for keeping the user name and password confidential. The user may only use the service offer appropriately. Every user is obliged to inform TransparentShare immediately if there are indications that their access has been misused. Every user is fundamentally liable for all activities that are carried out using his access and releases TransparentShare from any claims for damages by third parties, unless the user is demonstrably not responsible for the abuse.

 

§ 4 Free and paid premium access, conclusion of contract

(1) The registered user has the option to use the free version of TransparentShare for 90 days or to purchase premium access for a fee.

The free version includes the same functionality as the paid premium access. However, this version can only be used free of charge for 90 days. You do not need to provide a credit card for this.

Before the end of the free test phase, the user is informed that he can purchase paid access at the end of the phase. If he does not acquire paid access after the period of 90 days has expired, TransparentShare is only available with a limited range of functions. The user can then no longer access the recommendations and the shares they have bought. The functions such as profile, help, feedback and share with friends are still available.

Premium access includes, among other things:

  • Automated stock valuation
    500 stocks are automatically rated with data-based key figures every day.
  • Buy recommendations
    Receive buy recommendations for stocks - understandable and comprehensible.
  • Stock management
    Keep track of your stocks. Which stocks should be “held” and which should be “sold”?
  • Sales recommendations
    Receive sell recommendations for bought stocks and never miss the right selling moment.
  • Email notifications
    Receive additional e-mail notifications for stock recommendations. Receive a monthly summary.
  • Historical evaluation
    Get an overview of how a stock was valuated in the last 3 months.
  • Latest news
    Latest news for all stocks. Get a quick overview of the latest news for all stock recommendations and the stocks you have purchased. The news is provided by bing.com . "Bing" is a service from Microsoft and provides popular news from a variety of economic and financial sources on the Internet.
  • Charts
    View detailed and up-to-date charts for each stock. The chart display from onvista.de is used.

 
(2) If the user wants to purchase premium access, he must buy a premium subscription. Mastercard, Visa and American Express are alternatively available to the user for payment.

(3) The price that is shown on the website at the time of the order applies, including the applicable sales tax. Before submitting the binding order, the user can continuously correct all entries using the usual keyboard and mouse functions. Finally, the customer must agree to these general terms and conditions, the cancellation policy and the data protection declaration. The order is placed by confirming the "kostenpflichtig bestellen (order for a fee)" button. The order placed by the user over the Internet is a binding offer. The user can save the text of the contract before sending the orders using the usual functions and then print it out if necessary.

(4) The contract is concluded when the acceptance of the order has been confirmed to the user by TransparentShare or when TranparentShare begins to perform the service. With the e-mail, the user also receives these general terms of use and the cancellation policy. TransparentShare always issues the user with an invoice, which he receives in text form by email.

§ 5 Duration of the Premium User Agreement

(1) In the first 14 days, the user can use TransparentShare's free premium access for a trial without specifying a credit card.

(2) If the premium subscription is concluded after the end of the trial period, the contract is continuously extended by another month. The user can terminate the contract in his profile at any time to the end of the respective month using the "Cancel subscription" function. If he does not make use of this option, he can also cancel in writing or by email with a notice period of 14 days to the end of the respective month. The right to extraordinary termination without notice remains unaffected.

 

§ 6 System Integrity and Disruption

(1) Users may not use any mechanisms, software or other scripts in connection with the use of TransparentShare that could disrupt the functioning of TransparentShare, in particular those that make it possible to generate automated page views.

(2) Users may not take any measures that could result in an unreasonable or excessive load on the infrastructure.

(3) Users may not block, overwrite or modify any content generated by TransparentShare or interfere with the app in any other way.

(4) If the user becomes aware of a violation of the above provisions, TransparentShare is authorized, in addition to the right to terminate without notice, to block access to the service resulting from the scope of services.

 

§ 7 Responsibility for content, liability

(1) TransparentShare assumes no responsibility for the data, information and documentation provided by third-party providers being complete, correct and up-to-date. This is especially true for those of www.morningstar.com and www.boersengefluester.de provided price, company and market data. Reference is made to the risk notice under § 1 (8) and the corresponding disclaimer. Any liability on the part of TransparentShare in connection with changes to the portfolio is excluded.

(2) TransparentShare does not guarantee that interactive processes reach the user correctly and that the dial-in process via the Internet is guaranteed at all times. In addition, TransparentShare does not guarantee that data will be exchanged at a specific transmission speed. TransparentShare also assumes no liability for data security outside of its sphere of control. The warranty also excludes disruptions that arise from defects or interruptions in the user's computer or the communication channels from the user to the server. TransparentShare assumes no liability for disruptions and damage caused by force majeure or technical or other problems that are beyond TransparentShare's control (e.g. attacks by hackers or virus attacks).

(3) Outside of liability for material defects and defects of title, TransparentShare is liable without limitation for damage caused by it, insofar as the cause of the damage is based on intent or gross negligence. TransparentShare is also liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the contractual purpose) as well as for the breach of cardinal obligations (obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the user regularly relies) , but only for the foreseeable, contract-typical damage. TransparentShare is not liable for the slightly negligent breach of obligations other than those mentioned above. Liability for compensation for indirect damage only exists in the event of intent or gross negligence on the part of legal representatives, executives or other agents of TransparentShare.

(4) The limitations of liability in the preceding paragraph do not apply to injury to life, limb and health, to a defect after assuming a guarantee and to fraudulently concealed defects.

(5) If the liability of TransparentShare is excluded or limited, this also applies to the personal liability of employees, representatives and agents.

 

§ 8 Copyrights, Rights of Use

(1) The contents of the TransparentShare offers are protected by copyright. The user may therefore only use them for private, own, non-commercial and / or non-commercial purposes without the separate consent of TransparentShare. Any use beyond the statutory restrictions, in particular any duplication, storage, distribution, making available to the public, etc. for commercial and / or commercial purposes, including storage in database systems or use within presentations in commercial operations, publication on the Internet - or intranet, as well as the transfer of content or the granting of rights to third parties, requires the prior express consent of TransparentShare.

(2) In the event of a breach of the above provisions, TransparentShare is entitled to terminate the contract concluded with the user at any time without notice and to reimburse him for the unauthorized, chargeable use as well as for further damages, in particular in the case of claims made by third parties due to the illegal use TransparentShare can be claimed against. We reserve the right to make further claims.

§ 9 Use of App Stores

When using TransparentShare via the Apple App Store or the Google Play Store, the general terms and conditions of these third-party providers may also apply in addition to these general terms and conditions. The terms and conditions of the Apple App Store as well as further information about the provider can be found at: https://www.apple.com/de/legal/. The terms and conditions of the Google Play Store, as well as further information about this provider can be found at: https://play.google.com/intl/de_de/about/play-terms.html

§ 10 right of withdrawal for consumers

Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.

Special instructions

Your following right of withdrawal expires when we have started to execute the contract after you:

  1. have expressly agreed that we will start executing the contract before the expiry of the objection period and
  2. you have confirmed that you are aware that you will lose your right of withdrawal by agreeing to the execution of the contract.

Right of withdrawal

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded.

In order to exercise your right of withdrawal, you must inform us at TranspaShare GmbH, Rudolf-Diesel-Str. 12, 69234 Dielheim, phone +49 6222/3170157, email: [email protected] by means of a clear declaration (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.

 

Consequences of withdrawal

If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.

If you have requested that the services should commence during the cancellation period, you have to pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided in the contract.

Model withdrawal form

If you want to cancel the contract, please fill out this form and send it back to:

TranspaShare GmbH, Rudolf-Diesel-Str. 12, 69234 Dielheim, phone: +49 6222 3170157, email: [email protected]

(- Beginning of the model withdrawal form -)

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*) ____________________

Ordered on: _________________________________

Name of consumer (s): _________________________________

E-mail address: _________________________________

Address of the consumer (s): _________________________________

Signature of the consumer (s) (only when notified on paper): _____________________

Date:_____________

(*) Delete where inapplicable 

(- End of the model withdrawal form -)

§ 11 Changes to these terms and conditions

TransparentShare reserves the right to change these terms and conditions at any time if this is necessary for valid reasons, in particular due to a changed legal situation or supreme court rulings, technical changes or further developments, loopholes in the terms and conditions, changes in market conditions or other equivalent reasons and the user is not inappropriately disadvantaged. The changed conditions will be sent to the users by email in good time before they come into force. If a user does not object to the validity of the new terms and conditions within six weeks of receiving the e-mail, the changed terms and conditions are deemed accepted. The TransparentShare will separately inform the user of the significance of this period in the email containing the changed conditions.

 

Status: June 2020

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